00 SENATE BILL NO. 108                                                                                                     
01 "An Act relating to genetic testing."                                                                                   
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 21.36 is amended by adding a new section to read:                                                   
04  Sec. 21.36.085.  RESTRICTIONS RELATING TO GENETIC TESTING.  (a)                                                       
05 A health care insurer may not                                                                                           
06   (1)  require or request directly or indirectly that an individual or a                                               
07 member of an individual's family obtain a genetic test;                                                                 
08   (2)  require or request directly or indirectly that an individual reveal                                             
09 whether the individual or a member of an individual's family has obtained a genetic                                     
10 test or what the results of the test, if obtained by the individual or a member of the                                  
11 individual's family, were;                                                                                              
12   (3)  condition the provision of health insurance coverage or health care                                             
13 benefits on whether an individual or a member of the individual's family has obtained                                   
14 a genetic test or on what the results of the test, if obtained by the individual or a                                   
01 member of the individual's family, were; or                                                                             
02   (4)  consider, in the determination of rates or any other aspect of health                                           
03 insurance coverage or health care benefits provided to an individual, whether an                                        
04 individual or a member of the individual's family has obtained a genetic test or what                                   
05 the results of the test, if obtained by the individual or a member of the individual's                                  
06 family, were.                                                                                                           
07  (b)  Notwithstanding (a) of this section, an insurer that writes life insurance                                       
08 coverage or income continuation insurance coverage may request or require an                                            
09 individual or a member of the individual's family to obtain a genetic test or to disclose                               
10 the results of a genetic test or otherwise obtain genetic test information about the                                    
11 individual or a member of the individual's family, but the insurer may not                                              
12   (1)  use the information for writing or setting the rates for a type of                                              
13 insurance coverage other than life insurance or income continuation insurance for the                                   
14 individual or a member of the individual's family; or                                                                   
15   (2)  set rates for life insurance or income continuation insurance that are                                          
16 not reasonably related to the risk involved as revealed by the genetic test results.                                    
17  (c)  In this section,                                                                                                 
18   (1)  "genetic test" means a test that uses deoxyribonucleic acid extracted                                           
19 from an individual's cells in order to determine the presence of a genetic disease or                                   
20 disorder or the individual's predisposition for a particular genetic disease or disorder;                               
21   (2)  "health care insurer" means                                                                                     
22   (A)  an insurer authorized under this title to offer, issue for                                                     
23 delivery, deliver, or renew an individual or group policy for health insurance                                          
24 on an expense incurred basis;                                                                                           
25   (B)  a hospital or medical service corporation authorized under                                                     
26 this title to offer or renew an individual's or group subscriber's contract for                                         
27 health insurance; and                                                                                                   
28   (C)  a person that provides health care benefits or health                                                          
29 insurance for other persons on a self-insured basis;                                                                    
30   (3)  "health insurance" means an individual or group contract or other                                               
31 plan that provides coverage of health care services;  the term includes disability                                      
01 insurance under AS 21.12.050.